Supreme Court

Criminal Appeal No. 1371 of 2018

(Arising out of SLP (Crl.) No. 9590/2015)

Bajarang Shyamsunder Agarwal


Central Bank of India & Anr.

Decided on 11.09.2019


In para No.36

“The operation of the Rent Act cannot be extended to a ‘tenantinsufferance’ visavis the SARFAESI Act, due to the operation of Section 13 (2) read with Section 13 (13) of the SARFAESI Act. A contrary interpretation would violate the intention of the legislature to provide for Section 13 (13), which has a valuable role in making the SARFAESI Act a selfexecutory instrument for debt recovery. Moreover, such an intervention would also violate the mandate of Section 35, SARFAESI Act which is couched in broad terms”.


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